Religious Intolerance in the Later Roman Empire - Bad request ...

9.38.3 of 367 Valentinian had ordered the release of “those persons who are bound by
criminal charges or who are confined in prison” which presumably meant those in
prison awaiting trial as well as those convicted and in prison awaiting punishment.
Similarly, his CTh. 9.38.4 of 370 pardoned those “tormented by the unhappy
expectation of judicial investigation under torture and the fear of punishment” which
again presumably meant those awaiting trial and those convicted and awaiting
punishment. In his amnesty however, Theodosius appears to have excluded those
persons not yet convicted, or at least he has not made their pardons so explicit. Const.
Sirm. 7 ordered “those persons who are disturbed by the terror of imminent
punishment shall be restored by the indulgence of unexpected compassion to perpetual
security.” 28 Further on Theodosius announced, “Finally, therefore…we remit the
punishment of crimes.” 29 So those in prison under suspicion and awaiting trial were
apparently excluded from the amnesty.
Nicephorus Gregoras, a later Byzantine source, records the addressee Eutropius
as being “a companion and of the same way of thought as [the emperor] Julian.”
Which indicates that Gregoras believed Eutropius was a pagan. However it is
unknown what source Gregoras used to come to this conclusion; presumably he used
Eutropius’ own Breviarum. However, throughout his work, Eutropius does not
directly discuss paganism, or even religion in general. He makes a number of
references to religious practices, but only of a very general nature; his most frequent is
that upon death an emperor might be deified, he usually uses the phrase “enrolled
among the gods,” which was also applied to all three of Valens’ Christian
predecessors. 30 Eutropius records that he accompanied Julian on his Persian campaign:
“I was also a member of this expedition,” 31 and it seems likely that Gregoras
28
ut illos, quos im m inentis supplicii terror exagitat, insperatae m iserationis indultio securitati perpetuae
restitutos
29
ideo denique…noxas rem ittim us
30
He generally uses the phrase “inter div os relatus est.” 10.8.2 for Constantine's deification; 10.15.2 for
Constantius’; 10.18.2 for Jovian’s. All translations from Eutropius’ Breviarium are those of Bird (1993).
31
Eutr. 10.16.1 cui expeditioni ego quoque interfui
172